| Citation(s) |
|---|
| 1981 SLG 1373 1981 SLD 1373 1981 PLC 29 |
Lahore High Court
Writ Petition No. 2741 of 1979, decision dated: 29-06-1980.
GUL MUHAMMAD KHAN, J
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Writ Petition No. 2741 of 1979, decision dated: 29-06-1980.
GUL MUHAMMAD KHAN, J
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MUSHARRAF ALI
VS
THE PROVINCE OF PUNJAB and others
Law:
Section:
Constitution of Pakistan (1973)--- --- Art. 199 read with West Pakistan General Clauses Act (VI of 1956), S. 20-Civil service-No law being available to restrain or prevent Governor from re-organizing services, cadres or grades and framing of rules for such purposes being part of his executive authority or function, Governor, held, competent to amend previous rules, amalgamate, merge or separate same in exigency of work, and impugned notification reverting petitioners to their original district cadre by taking them out of control of Inspector-General of Registration, not ultra vires power of Governor. Province of West Pakistan v. Din Muhammad P L D 1954 S C 21 ; Karam Din v. Inspector-General of Police P L D 1964 Lah. 187 and Pakistan v. Muhammad Himayatullah P L D 1969 S C 407 ref. Sardar Muhammad Latif Khan Khosa, for Petitioner. Akhtar Shabbir -for A.-G. for Respondents. Date of hearing : 29th June, 1980. JUDGMENT This order shall also dispose of Writ Petitions Nos. 2142, 3022, 3346, 3347, 3348, 3557, 3661, 4289 and 4295-S-79, which involve the same question of law as being raised here. 2. The petitioner is working as a `Registration Moharrir since the year 1963, and has been performing his duties at various places. His last appointment was in the Sub-Registrar Office, Dipalpur, when a notification (Annexure `C' dated 11th February. 1979) was published. The grievance of the petitioner is that as that notification has upset his terms and conditions of service as laid down in West Pakistan Registration Department Ministerial Establishment Recruitment Rules, 1963, which governed his case, the same is liable to be quashed. 3. Originally, the personnel' working in the office of the Sub-Registrar were part of the revenue cadre and the Deputy Commissioner exercise administrative control on them. On 24th November, 1962, the Governor of West Pakistan made the West Pakistan Registration Department (Northern Zone) (Sub-Registrars) Recruitment Rules, 1962, regulating the recruitment and conditions of service for the persons appointed thereunder. On 5th January, 1963, another notification was issued by the Governor of West Pakistan under Article 178(2) of the then…
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